STATE OF GUJARAT Vs. UNION OF INDIA

JUDGEMENT

(1.) As all the matters are inter-connected and the facts are common, they are being considered by this common judgement.

(2.) On 15.6.2004, vide C.R. No.8/2004 of Crime Branch Police Station, a complaint was filed by Shri J.G. Parmar, P.I. (Crime Branch), Ahmedabad informing that on 14.6.2004 at about 23.00 hrs., an information was received by Joint Commissioner of Police Shri P.P. Pandey through his personal sources that in Blue Colour Indica Car bearing Registration No.MH-02-JA-4786, one Javed and two Pakistani Fidayeens, with arms and ammunition, have left Mumbai for reaching Ahmedabad and they were to enter Ahmedabad early morning at any time. As the said information was supported by Intelligence Sources, Additional Commissioner of Police (Crime Branch), Mr.D.G. Vanzara called ACP and PI and under his direct guidance, strong checking was ordered and it was planned to catch hold of the car and necessary teams were constituted; one team at Narol Chokdi Four-Roads, one team at CTM Four-Roads, one team at Naroda S.T. Workshop Three-Roads; one team at Naroda-Himatnagar Railway Crossing; one team at Indira Bridge Circle; and one team at Vishala Circle were deployed and they were comprising of Shri Amin - ACP, PSI Shri P.G. Waghela, PSI Shri C.J.Goswami, PI Shri B.D. Vanar, ACP Shri Singal and PI Shri Agrawat. The teams had started watch since 1.30 am in the morning and when there was watch of the team of Shri Amin - ACP, at about 4 am in the morning, at Narol, the above Indica Car with Registration No.MH-02-JA-4786 came from Mumbai and took a right turn towards Naroda, therefore, they had followed the car. The informations were supplied to other teams on phone and it was informed on mobile to Shri Singal that the car had taken turn from Naroda-Himatnagar Railway Crossing to Airport Road and it might run away, therefore, the car is required to be intercepted. Hence, over Indira Bridge, the members of the team comprising of ACP Shri Singal, PI Shri Tarun Barot, PI Shri RI Patel, PI Shri K.M. Waghela, PI Shri D.H. Goswami, PSI Shri I.K. Chauhan and other staff in their vehicle proceeded towards Airport Road and near Kotarpur Workshop took a sharp turn and their vehicles were kept close to the divider and other members of the team had taken different position. At that time, when the Indica Car reduced its speed because of the turning at Kotarpur Water Works, Commando Mr.Mohan Nanjibhai (Buckle No.1898), who was sitting in the Police Vehicle, under the direction of Shri Amin, fired at the rear tyre of Indica Car and as a result thereof, the car had come to a halt, close to the divider. At that time, from the left side, one terrorist came out with AK 56, got down and took his position behind the divider and started firing to the Police Vehicle. The other terrorists, who were sitting in the car had also started firing, but Shri Amin, the informant/complainant himself and Commando Mr.P.C. Mohanbhai and driver of the car Mr.Bhalabhai and PSI Mr.K.M. Desai got down from the vehicle and took their position on the back side of the vehicle, therefore, they saved themselves and the Commando, under the orders of Shri Amin, started firing in his self-defence with Government weapon AK 47 Rifle. About 10 rounds were fired and during the same, it was learnt that, as per the information, they were dangerous terrorists, therefore, ACP Shri Singal had ordered for firing. The member of his team, Commando Mr.P.C. Mohanbhai (Buckle No.2211) and Commando Mr.A. Chaudhari (Buckle No.842) started firing towards the persons sitting in the Indica Car. Therefore, both the Commandos, by taking their position with their weapons of AK47 fired 32 rounds and 10 rounds with the Sten-gun in response to the firing of the terrorists. Simultaneously, the informant/complainant with his service revolver fired four rounds, Shri Amin fired five rounds, Shri Barot fired six rounds and Shri I.K. Chauhan fired three rounds towards terrorists. The cross firing continued for some time and thereafter when the firing was stopped, they went near to Indica Car and it was found that on the rear-seat one terrorist, one terrorist on the driving seat, one female terrorist sitting next to driver and one terrorist near the divider, total four terrorists died on the spot.

(3.) It was stated in the complaint that all the deceased were terrorist - Fidayeens of prohibited Lashkar-e-Taiba had the conspiracy to kill the Chief Minister of Gujarat, Shri Narendra Modi with suicidal attempt, therefore, they had procured arms and ammunition and wanted to create terrorist activities in India. The other aspects were also referred in the complaints of having possession of arms and ammunition of foreign automatic weapons without licence, without passports, etc., and also for entering India from Pakistan without there being proper visa. The alleged offences in the complaint were under Section 3(2)(a) & (c), 13, 14 of the Foreigners' Act, Section 120B, 121, 121A, 122, 123, 307, 553, 186 of IPC, Section 27, 29 of the Arms Act and Section 3(1)(a)(b) and 3(2), 3(3), 20 and 21 of the Prevention of Terrorism Act and Section 135(1) of the Bombay Police Act. The accused shown in the complaint were (1) Jishan Johar @ Jaanbaaz @ Abhas Abdul Gani, resident of Pakistan and the addressed shown was Nar Nanak Kalerbadi, District Gujranwala, Punjab, Pakistan, (2) Amjad Ali @ Salim @ Chandu @ Raj Kumar; (3) Javed resident of Poona and (4) a lady terrorist, whose name and address was not known. It may be recorded that thereafter, it has come out that accused No.3 was Javed @ Praneshkumar Pillai and the lady was Ishrat Jahan Raza.